SC rules downloading, watching child pornography is an offence

The bench, comprised of Chandrachud and JB Pardiwala

In the meantime, it overturned a Madras High Court order

In a landmark judgment, the Supreme Court of India ruled that downloading and watching child pornography is an offence under the Protection of Children from Sexual Offences (POCSO) Act. The bench, comprising Chief Justice DY Chandrachud and Justice JB Pardiwala, overturned a Madras High Court order that had earlier stated such acts were not punishable under the POCSO Act.

Also Read: Karnataka registers staggering 9,860 POCSO cases in three years; 1,454 cases in Bengaluru

The case involved a 28-year-old man who was charged with downloading child pornography on his phone. The Madras High Court had quashed the criminal proceedings against him, arguing that society should focus on educating children about the dangers of pornography rather than criminalizing such behaviour. However, the Supreme Court found this interpretation erroneous and restored the proceedings.

Justice Pardiwala, who penned the judgment, referred to Section 15 of the POCSO Act, which penalizes the storage of pornographic material involving children. The law stipulates fines starting from ₹5,000 for failing to report or destroy such material, with higher fines and up to three years’ imprisonment for those storing it with intent to transmit. Storing such content for commercial purposes can result in imprisonment of three to five years, increasing to seven years for repeat offences.

The ruling underscores the stringent legal measures aimed at curbing child pornography and safeguarding children.